(Brotherhood of Failway, Airline & Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (Consolidated Fail Corporation ( (Former Penn Central Transportation Company)

(a) The Carrier violated the Files Agreement, effective February 1, 1968, particularly Rile 6-.-1, when it assessed discipline of 60 days suspension on Paul Zozula, Clerk, Pittsburgh, Pennsylvania.

 (b) Claimant Zozula's record be cleared of the charges brought against him on November 4, 1975.

 (c) Claimant Zozula be compensated for wage loss sustained during period out of service.

 OPINION OF BOARD: We have carefully reviewed the investigative
 transcript to ascertain thoroughly the specific
 facts and circumstances attendant to Carrier's serious allegations,
 procedural inquiry and final disposition. Firstly, Petitioner's
 assertion that the November 12, 1975 hearing was unfair is without
 meritorious standing. We have found nothing in the documentary
 submission to substantiate this contention.

 The proceeding was conducted consistent with the requirements of acceptable due process, thus permit sufficient opportunity to present arguments and proofs germane to his position. However, we do find that while explicit examples of repetitive overpayment for work not performed were unmistakably demonstrated during the claimed three (3) year period, the burdensome workload obligations of his po his dereliction. But we must caution that this observation is only a presumption, not a compelling finding of fact.
                    Docket Number CL-21932


Certainly, this Board has never shown a cavalier indifference to blatant wrongdoing, particularly, as in this case where payroll records were improperly tampered with and administered. We are confident that Carrier in its determination.

 But we do think that Claimant's actions stemmed significantly from his incompetence and inability to of his job. The Board agrees with Carrier's recognition that Claimant's long tenure in this industry warrants the restrained penalty imposed and accordingly will not disturb it.

          FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


          That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

          That the Agreement was not violated..-- '' -


                        A W A R D


          Claim denied.


                                'N

                                  ~ ..i-''' '~:


                          NATIONAL RAILROKD '~TMENT BOARD

                          By Order of Third Division


          ATTEST Executive Secretary


          Dated at Chicago, Illinois, this 14th day of April 1978.